Gap Law Set To Roll

Drivers Will Be Required To Leave 3-foot Space When Overtaking Cyclists

He has been hit by cars and had cans of beer thrown at him, but those are the exceptions on Marcelo Pereira's daily bicycle commute.

More routinely, the cars, trucks and vans just whiz by too close. Sometimes it makes the hairs on his legs stand up.

"Drivers just don't know how close they're cutting things," said Pereira, who cycles about 30 miles weekday mornings from Boca Raton to Fort Lauderdale, where he works as a graphic and Web site designer.

Beginning Sunday, police officers will have another tool to keep drivers away from bicyclists. The state mandated during last spring's session that motor vehicles leave a 3-foot gap when overtaking bicyclists.

While some might think the law would be common sense, it's really not, Pereira said. And getting buzzed by a driver can make a cyclist veer into a curb, then overcorrect the other way and collide with the car.

"When people swerve at you, they don't realize the damage they could do," said Pereira, who rides mostly on State Road A1A. "It will be hard to enforce, but the fact it's out there is good news."

The previous law only used the words "pass safely," said Dennis Scott of the Florida Department of Transportation, so the change takes the subjectivity out by giving officers a defined distance, he said.

Bicycling advocacy groups and the state are trying to inform drivers of the new law, which is classified as a moving violation and carries driver's license points. Fines for the moving violation vary county to county.

They also say the law is important because it addresses their greatest fear: Being hit from behind, with no chance to adjust to a wayward driver. Only one of every 10 accidents is from behind, but state statistics indicate it causes the most severe injuries because the motor vehicles are usually hitting the gas to pass.

"Once again it shows we can be among the leading states when it comes to proper rules for bicycles," says Don Braverman, 73, of Boynton Beach, who rides more than 5,000 miles a year, mostly in South Florida, and is a board member on the Florida Bicycle Association.

At least five other states have a 3-foot clearance law, but Scott emphasizes that the distance is "a minimum." Trucks going 55 mph and passing a bike by only 3 feet could knock a bicyclist over with the wind blast, he said.

The DOT also addresses the question of whether drivers should cross the double yellow line on a two-lane road in order to scoot past a cyclist. In a guidebook it issues to law enforcement departments, bikes going at a leisurely pace could be classified as obstruction, the same as, say, a garbage truck, Scott said.

In those instances, drivers are allowed to cross over the yellow line if there is no oncoming traffic, he said.

"Now, if it's a bike doing 30 mph in a 35, that might be a different story," Scott said, and the vehicle should just wait. "There's still some subjectivity on the part of the officer."

Enforcement will take a while, said Hugh Graf of the Broward Sheriff's Office.

"Whereas it might be difficult to enforce this particular law, it certainly is welcomed, if it's going to give law enforcement additional resources or tools to help do their jobs better and help keep safer," he said. "Although any piece of legislation is not going to take away the rules of common sense."

Cyclist Celia Conti, of Plantation, said she likes the law, but it will only be effective if the public and law enforcement know about it.

"It's a major undertaking because many people don't feel like we belong on the road at all," said Conti, who organized a "ride of silence" in May to draw attention to encourage drivers to share the road. "But now they'll need to know that not only do we belong, but they need to wait if there isn't room to pass."

Palm Beach County police officials debate how to enforce the law, especially along State Road A1A, but said they would inform officers that it's now on the books.

Delray Beach Sgt. Vinnie Gray said the city has always kept an eye out for too-close drivers under the old "safe distance" law, while Highland Beach Sgt. Mitch Rieger said the town would advise officers of the new statute.

Gulf Stream Police Chief Garrett Ward said he and his colleagues are worried cars will run into oncoming traffic, and ask motorists to be patient.

The cyclists generally are safety-conscious, Ward said, although there are some exceptions, he said.

The law "is something we're aware of, but it will be a difficult situation for us to enforce," he said, asking for an increase in public awareness. "It's OK to have a law on the books but if no one's aware of it, what purpose will it serve?"

Staff Writer Jerome Burdi contributed to this report.

Nick C. Sortal can be reached at nsortal@sun-sentinel.com or 954-385-7906.